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HomeMy WebLinkAbout02/11/2004 P&Z MinutesAPPROVED MINUTES CITY OF LINO LAKES PLANNING & ZONI NG BOARD MINUTES I.CALL TO ORDE R AND ROLL CALL Chair Schaps called the Lino Lakes Planning and Zoning Board meeting to order at 6:36 p.m., February 11, 2004. II.APPROVAL OF AGENDA The agenda was approved. III.APPROVAL OF MINUTES: January 14, 2004, January 28, 2004, amended approved minutes from December 10, 2003 Mr. Root requested the follo wing correction on the January 14, 2004 minutes, put in the reconvene time of the reconvened meeting at 8:50 p.m. Mr. Tralle made a MOTION approve th e January 14, 2004 Minutes, January 28, 2004 Minutes, and amended approved minutes fr om December 10, 2003 and was supported by Ms. Lane. Motion carried 6-0. IV.OPEN MIKE Chair Schaps declared open mike open at 6:38 p.m. There was no one present for Open Mike Mr. Hyden made a MOTION to close Open Mike at 6:39 p.m., and was supported by Mr. Rafferty. Motion carried 6-0. DATE: February 11, 2004 TIME STARTED: 6:36 P.M. TIME ENDED: 8:45 P.M. MEMBERS PRESENT: Hyden, Lane, Pogalz, Rafferty, Root, Schaps, and Tralle. MEMBERS ABSENT: None. STAFF PRESENT: Jeff Smyser ; Michael Grochala; and James Studenski; Tanda Gretz Planning & Zoning Board February 11, 2004 Page 2 APPROVED MINUTES V.ACTION ITEMS A. PUBLIC HEARING, for Preliminary Plat, Sue Carpenter, Justin’s Preserve, 171 White Pine Road Chair Schaps opened the public hearing at 6:39 p.m. Staff stated this was a resubmittal of the plat reviewed by the Board in December. Carpenter Homes has requested approval of a preliminary plat for Justin’s Preserve. Under the current subdivision or dinance, the creation of new lots on city sanitary sewer requires a plat rather than a minor subdivision. The project involves splitti ng an existing fourteen-acre parcel. The plat changed to in clude a neighboring parc el. A portion of the land will be added to that neighbor’s lot. Staff indicated this applicati on highlights an unusual situati on that should be corrected. The existing house on the large property is conn ected to city sanitary sewer and water. However, it is not within the MUSA. It should have been included in MUSA when it connected to the utilities. This also is the case with the existing lot at 173 White Pine Road. Neither of these properties is in the MUSA although both are connected to utilities. This should be resolv ed by allocating MUSA reserve. Staff presented its analysis of the application. Staff recommended approval of the projec t subject to the following conditions: 1. Lot 1 shall connect to city sanitary sewer and water. 2. Issues discussed in the City Engineer review memo must be addressed to his satisfaction. 3. Park dedication of $1,665 shall be paid. 4. Prior to approval of the final plat by Ci ty Council, the applicant shall submit proof that the powerline easement has been confined. 5. The new plat must obtain approval by the Rice Creek Watershed District prior to final plat approval by the City Council. Chair Schaps invited appl icant to make comment. Applicant had no comment. Chair Schaps invited the public to make comment. There was no one present from the public who made comment. Mr. Tralle made a MOTION to close the publ ic hearing to 6:47 p.m. and was supported by Mr. Hyden. Motion carried 6-0. Ms. Lane made a MOTION to recommend Pr eliminary Plat, Justin’s Preserve, White Pine Road, subject to the conditions as noted in staff’s February 11, 2004 report and was supported by Mr. Tralle. Motion carried 6-0. Planning & Zoning Board February 11, 2004 Page 3 APPROVED MINUTES Ms. Lane made a MOTION to recommend Allocation of 3.7 acres of 2004 MUSA Reserve Acres, Justin’s Preserve, White Pine Road, and was supported by Mr. Root. Motion carried 6-0. B.PUBLIC HEARING for Comprehensive Plan Amendment and Preliminary Plat, Marshan Estates, Marshan Lane Chair Schaps opened the public hearing at 6:50 p.m. Staff stated this property is located adjacent to Marshan Lane. The 4.94-acre parcel is physically divided by the existing Marshan Lane. However, the parcel, including Marshan Lane, is all one property. Since ther e continued to be inte rest by some of the residents, in addition to the applicant, for se wer and water the City authorized preparation of plans and specifications, in July 2003, for the utility improvements. The intent was to provide a more accurate and up to date estimat e of the project costs and allow the city to address more accurately the possible financing scenarios. Additionally, staff became aware of possible on-site septic system i ssues developing along the street and believed that it would be beneficial fo r the city, from a public hea lth standpoint, to pursue the extension of utilities. Staff noted during this lengthy process the City’s Comprehensive Plan was approved by Metropolitan Council and the City adopted a new subdivision and zoning ordinance as well as a growth management ordinance. St aff have since noted that while the property is zoned R-1 Single Family Residential, li es within a Stage One Growth Area and within the existing Metropolitan Urban Service Area (MUSA), the property is guided for low density unsewered residential. Additionally, due to change s in the subdivision ordinance all subdivisions of sewered resi dential lots must be platted. Staff stated Mr. Rehbein is now requesting a Comprehensive Plan Amendment to change the land use designation from Low Densit y, Unsewered to Low Density, Sewered. Additionally, the applicant is requesting Preliminary Plat approval for a 5-lot subdivision which includes the property located on both th e north and south sides of Marshan Lane. Staff presented its analysis of the application. Staff recommended approval of the Preliminar y Plat subject to the following conditions: 1. Plat boundary is adjusted along the easterly lot line of Lot 1, Block 1 to correspond with existing occupation lines and monumentations. 2. A 20 feet wide conservation easement is provided, adjacent to County Ditch 10, across Lot 1-4. 3. The City Council orders the sanitary sewer and water improvements. 4. Building Permit applications shall include a tree preservation plan and a grading plan in conformance with the approved grading plan. 5. Trees cover will be evaluated against Fire wise requirements (i e, trees should be thinned) subject to revi ew by the City Forester. 6. The Developer shall enter into a De velopment Contract with the City. Planning & Zoning Board February 11, 2004 Page 4 APPROVED MINUTES 7. Dedication of a 10-foot wide trail easemen t adjacent to Lake Drive, which would overlay the required 10-foot dr ainage and utility easement. Chair Schaps asked if the residents were all okay with this proposal. Mr. Grochala replied they had recently had a neighborhood m eeting to discuss this, but there might be some residents in attendance tonigh t who wanted to make comment. Mr. Rafferty requested a condition stating that parkland dedication shall be in the form of a cash payment in lieu of land. Mr. Root asked if Marshan Lane had been built to City standards. Mr. Grochala replied it was basically a public street by default and the City maintained it. He stated they were unable to find the actual dedication to the C ity though. He stated th e street would remain the same width and repaved once the utilities were put through. Mr. Studenski stated the work that would be done would put back the standard thickness of 1 ½” to 2” of blacktop and then the 6” gr avel base, but they w ould not be going to the full width of a standard City street. He indicated there would be no curbs. Mr. Root inquired about the mixed use at the end of the street and asked if there would be any need to widen the street in the future and asked if there would be additional right-of- way needed. Mr. Grochala replied there woul d be sufficient right-of-way in this area. Mr. Tralle asked if the ponding issue that ha d occurred a couple of years ago was still an issue. Mr. Grochala replied that issue wa s a backup of the sewer lines and it had been resolved. Mr. Tralle asked if the exis ting homes would be required to have their septic systems checked. Mr. Grochala replied they did requ ire pumping of all septic systems every three years and at that time they were inspected. If the systems were failing, the City would be notified at that time. Chair Schaps invited the public to make comment. Ron Strantz, Lot 16, stated he had gone to all of the meetings and he had little objections except there was something wrong with the propert y lines. He stated when the City did the survey in 1997, the road was an easement up to the corner of this property and during the meetings it came up as to who actually owned Marshan Lane because it had never been signed over. He asked if there was a le gal easement and he asked for a copy of such an easement. He stated the cul-de-sac did not have an easement either for access. He requested before this went too far that they resolve the easement issue. He stated when this was deeded in he did not want to see his legal description ch anged. He thought the city should have documentation stating that they own the road. Ch air Schaps noted the historical records of the City were not comple te with respect to this area, however the city would discuss measures to officially acquire the road. Mr. Strantz agreed that the discrepancies in the property lin es on the plat were minimal, and that generally speaking he was happy with the proposed arrangement . Mr. Strantz stated that he would absolutely hook up to city utilitie s once they are available. Planning & Zoning Board February 11, 2004 Page 5 APPROVED MINUTES Mr. Grochala replied the property that the ro ad lies on was owned by the current property owners. He stated the City had the right to continue to maintain or continue to improve the area because they had maintained the road for so many years. He noted nothing would be changed, except it would be shown permanently on a map. He stated the legal descriptions did not match up with the occu pation lines or the monumentation in this area, so they were proposing to set the outs ide exterior limits consistent with the occupation lines and then set ne w monumentation to these lines. Mr. Kytonen, Surveyor, stated they would fi x the eastern boundary of the larger lot and accept the monumentation as it was. He not ed the properties would acquire land under this arrangement because they are going to give up the extra depth. Mr. Lane made a MOTION to close the Pub lic Hearing at 7:31 p.m. and was supported by Mr. Hyden. Motion carried 6-0. Mr. Tralle asked who paid for the legal cost s for the redeeding. Mr. Grochala replied essentially, the platting was done by the appli cant and they would prepare the Quit Claim Deeds for the outlots, which would then be tu rned over to the property owners. He noted there would only be a charge for a filing f ee for the deed. However, if each property owner wanted to “clean up” their individual lega l descriptions, this would be a cost to the property owners, but it was no t necessary that this be done until the property owner wanted to sell their property. Mr. Hyden made a MOTION to recommend the Comprehensive Plan Amendment from unsewered residential to se wered residential and was s upported by Mr. Pogalz. Motion carried 6-0. Mr. Rafferty made a MOTION to recommend a pproval of the Preliminary Plat, Marshan Estates, Marshan Lane, subject to the condi tions as noted in staff’s February 11, 2004 report and adding a condition that the parkland dedication shall be in the form of a cash payment in lieu of land and a condition that applicant shall provide Quit Claim Deeds, or some other form of conveyance to be determined by the City Attorney to the property owners was supported by Mr. Hyden. Motion carried 6-0. C. CONTINUED PUBLIC HEARING For Rezone and Preliminary Plat, Legacy Holdings Lino Lakes LLC, Legacy at Woods Edge, SE corner of 25W and Lake Drive Chair Schaps reopened the public hearing at 7:40 p.m. Staff stated in 1998 the City of Lino Lake s, following award of a Metropolitan Council Livable Communities Planning Grant, retained the services of the Calthorpe Associates to design a Master Plan for the City’s Town Cent er District. The purpose of the Lino Lakes “Town Center” development is to provide for the orderly and integrat ed development of a high-quality Tow Center which includes a mix of shops, offices, entertainment, housing, recreation, community facilities, and open space. The mix of uses is designed to implement the principles of the Livable Co mmunities Act and the City’s Comprehensive Plan by creating a Town Center for the comm unity and providing more diverse, life-cycle Planning & Zoning Board February 11, 2004 Page 6 APPROVED MINUTES housing – including affordable and rental housing –within an active and interesting pedestrian-oriented community. The devel opment is a cooperative effort that will leverage public and private investment to create sustainable value, ecologically, economically and culturally. Staff summarized the project for the Board. Staff recommended approval of the rezoning from LB, Limited Business to Planned Unit Development and approval of the corresponding development standards. Staff recommended approval of the Developmen t Stage Plan and Preliminary Plat subject to the following conditions: 1. The following modifications shall be inco rporated into the Preliminary Plat: a. Additional right-of-way for the no rthbound I-35W ramps is required and should be incorporated into the pre liminary plat as determined by SEH. b. Drainage and Utility easements and dimensions need to be shown on the preliminary plat. Easements are requ ired around the 100-year flood elevation for all wetlands and stormwater draina ge basins. Additionally easements will be required centered on all st ormwater and utility lines. c. Any portions of the plat bordering Mn/DOT or Anoka County right-of-way should include dedication of access c ontrol to the respective agency. d. Outlot A, should be labeled as park. Additionally, is Outlot C should be shown as park. If it is proposed to be retained by the deve loper a conservation easement shall be provided to the City. e. Title work should be prepared to ve rify the status of existing roadway easements i.e., public or private. If it is determined that they were public easements they shall be vacated in accordance with city and state requirements. f. The extent of the Shore land District s of George Watch and Marshan Lakes (1,000 feet from the Ordinary High Wate r Level) should be delineated on the plat. g. The total upland area should be tabulated and included on the preliminary plat (gross acreage less area of wetlands). Sp ecific lots with wetlands should show both gross acreage and upland acreage. 2. A development-phasing plan shall be submitted for review and approval by the City. 3. A feasibility study shall be prepared for the installation of Public Improvements. Such feasibility study sha ll include estimated costs and proposed assessments to benefiting property owners. 4. Developer shall provide and Economic F easibility Study of the proposed project for review by the City. Planning & Zoning Board February 11, 2004 Page 7 APPROVED MINUTES 5. Developer shall provide an Operati on and Maintenance Agreement for the development covering both Public and Private Improvements for review and approval by the City. 6. Developer shall enter into a devel opment contract with the City. 7. Acquisition by the City of parcels adjacen t to the site required for proposed Lake Drive improvements. 8. Requirements for project identify and signa ge will need to be established in conjunction with final pl an/final plat approval. 9. The proposed Lakes Drive improvements will be subject to review and approval by Mn/DOT and Anoka County. Mr. Root asked what the City was getting wi th this project. Mr. Grochala replied the City wanted a “downtown” center for the Ci ty and that process started with looking at this area and the City purchasing the land for the City Hall, and that lent itself to the idea of a community and pedestrian friendly downt own area. He noted this would provide a wide range of housing opportunities not available in other parts of the City. He stated the City would get the tax base. Mr. Root asked what sort of variances was the developer getting. Mr. Grochala replied the density and setbacks were not typical fo r developments in the City, as well as the opportunities to use the air space to provide for residential opportunities. He indicated, however, that the City was also requiring high architectural standards there were not required in other areas of the City. Mr. Root asked what was the opinion regardi ng the traffic circle. Mr. Grochala replied traffic circles did work effectively in traffic control and the City be lieved this would be a benefit for this area. Ms. Lane asked if the housing units counted against the 147 housing units per year. Mr. Grochala replied they did not because this development was specifically exempted from that requirement. Mr. Tralle asked when would the completion da te for the whole project be. Mr. Grochala replied it would be phased in and some of th e completion dates were tied into financing, marketing, etc., but they were estimating it would be completed in 2-5 years. Mr. Pogalz asked what was the first thing that would happen with this development. Mr. Grochala replied there would be a rough grading of the site and following that would be utility and internal street construction. Mr. Rafferty asked if the units in Block A were going to be the firs t phases of the project. Mr. Grochala replied he was relatively certain that Block A would go first on this. He noted they did want the southern half of the zone to be built because this area was not in the TIF area. Planning & Zoning Board February 11, 2004 Page 8 APPROVED MINUTES Chair Schaps invited appl icant to make comment. Elizabeth Kautz, Vice President Hartford Group, stated in terms of phasing of the development, they were working hard to make sure they put product in the site into the TIF district within th e next year also. Mr. Rafferty asked if some residential would be built first to support the commercial area. Ms. Kautz replied that was correct. Mr. Rafferty asked if there had been some su ccess with this type of direction in other cities. Ms. Kautz replied this has been a su ccessful development in other cities. She asked the community to identify what kind of retailers they would like to see and The Hartford Group so they could contact those retailers. Chair Schaps invited the public to make comment. There were no comments made by the public. Mr. Rafferty made a MOTION to close the publ ic hearing at 8:37 p.m. and was supported by Mr. Hyden. Motion carried 6-0. Mr. Rafferty asked what happened with th e park dedication for this project. Mr. Grochala replied there would probably be a land and a cash payment. He stated however that they were still discussing this. Mr. Hyden made a MOTION to recommend th e Rezoning from LB, Limited Business to PUD, Planned Unit Development and inclusi on and approval of development standards and was supported by Mr. Tralle. Motion carried 6-0. Ms. Lane made a MOTION to recommend approval of the Development Stage Plan and Preliminary Plat subject to the conditions as noted in staff’s February 11, 2004 report and was supported by Mr. Rafferty. Motion carried 6-0. VI. DISCUSSION ITEMS Chair Schaps stated they needed to have an election of officers and asked if the Board wanted to deal with this tonigh t. He noted they needed to elect a Chair and a Vice Chair. Mr. Rafferty recommended Mr. Schaps as the Chair. Mr. Hyden recommended Mr. Rafferty as the Vice Chair. The Board voted unanimously in favor of Mr . Schaps as Chair and Mr. Rafferty as Vice Chair. VII.ADJOURNMENT Planning & Zoning Board February 11, 2004 Page 9 APPROVED MINUTES Ms. Lane made a MOTION to adjourn the meeting at 8:45 p.m., and was supported by Mr. Rafferty. Motion carried 6-0. Respectfully submitted, Kathy Altman, Recording Secretary TimeSaver Off Site Secretarial, Inc .